California state laws have made drunk driving punishable by severe penalties and consequences. A DUI conviction can have a serious impact on your life — with sentences that include large fines, jail time, probation and the loss of future driving privileges.

Instead of protecting the public from property and violent crimes, the war on drugs in the United States has resulted in unjust, harsh penalties for nonviolent, victimless crimes. Mental illness or addiction can land a person in prison for years, even somebody who never hurt anyone or damaged property.

If your child has been arrested, it is important to take the matter seriously. Juvenile charges do not automatically get sealed at age 18 as many believe. A charge can stay there to haunt the child in later years making it more difficult to successfully apply for college, win a scholarship, get a good job or apply for loans.

Misdemeanors and felony convictions remain viewable on a person's record forever, unless action is taken to have them sealed. Depending on the severity of the arrest or charges, you may be able to have a criminal defense lawyer help you with an expungement.

When a person is arrested in California for a sex crime, they will likely be treated as if they have already been found guilty. This is backwards, as you are innocent until proven guilty of the crimes you have been charged with.

We are dedicated to assisting clients charged with violent crimes in the Los Angeles area. At Takakjian & Sitkoff, LLP we understand that our clients can go to jail for years and spare no effort in their defense.

A felony conviction can have a lasting impact on your life. When facing felony charges, you need a vigorous criminal defense strategy. Our experienced lawyers determine the best course of action based on the evidence against you. We are committed to helping you avoid the hardships that result from a felony conviction.

If you have been arrested for a theft crime, we are ready to help you get fair treatment under the law. No matter the exact circumstances of your case, if you have recently been criminally charged with theft, it is in your best interests to get the involvement of an aggressive lawyer that you can trust.

Traffic offenses can have serious consequences. For some offenses such DUI you may have to spend time in jail, pay heavy fines and lose your driving privileges. Even if your charge is less serious, you may have to pay a stiff fine and have a charge on your record affecting insurance rates.

Los Angeles Attorney for DMV Negligent Operator Suspension

Under California Vehicle Code section 12810.5(a), if you possess a Class C license and accumulate either 4 or more driving violation points within 12 months, 6 or more driving violation points within 24 months, or 8 or more driving violation points within 36 months, the DMV would presume you to be a negligent operator of a motor vehicle. You would receive notice of the pending driver’s license suspension action via mail from the DMV. This letter not only serves as your formal notice of suspension, it also advises you of your right to contest the pending action by requesting a DMV administrative hearing – also referred to as a negligent operator hearing – within 14 calendar days from the date on the letter.

Where Are Negligent Operator Hearings Held?

Once your hearing request is made, a date would be scheduled at one of the DMV’s Drivers Safety Office locations for your matter to be heard. If you are a Los Angeles County resident, your hearing location would be determined by the hearing office closest to your residence. For example, you may be directed to appear at one of 4 Los Angeles County locations (Covina, Commerce, El Segundo, or Van Nuys).

Who Decides If I Am A Negligent Operator?

A Hearing Officer with the Department of Motor Vehicles would be assigned to your case once your hearing is scheduled. At your hearing, this individual would make his/her determination based upon a variety of factors, such as how you accumulated the points, the amount of use or mileage logged in your vehicle, and what proactive measures you have taken to improve your driving.

What Are The Possible Outcomes Of My Negligent Operator Hearing?

There are several possible outcomes with the worst case scenario being the Hearing Officer upholding the suspension action, typically for a period of 6 months. However, you could prevail in your hearing, resulting in the suspension action being “set aside,” which is the equivalent of a case being dismissed in criminal court. In that scenario, your license would be fully reinstated with no further action or restrictions to your driving privilege. Another scenario would involve the Hearing Officer upholding the suspension, but granting a restricted license.

Please Contact Us For A Free Case Evaluation

We have specialized in helping people preserve their driving privileges since 1987. Our decades of experience provides us with an unmatched foundation of knowledge and strong working relationships with each of the Hearing Officers at each of the Drivers Safety Offices throughout Southern California. Please call us at (888) 579-4844 for a free case evaluation.

Our Firm Can Represent You at Your California DMV Hearing

Protect your driver’s license after a DUI arrest

When you are arrested for a DUI, you face both an administrative suspension action from DMV and a separate criminal case. Each matter is heard independently in separate proceedings with their own sets of rules and procedures. Takakjian & Sitkoff, LLP has represented clients in both of these matters since 1987. We take prompt action immediately following your arrest to ensure that your hearing request is made in a timely fashion, thus preserving your right to contest the DMV suspension and to continue driving until the hearing outcome is determined.

Deadline for filing your request for a hearing with the DMV

If you have been arrested for a VC 23152(b) or a DUI with a BAC level of 0.08, the arresting officer will seize your license and then issue you a 30-day temporary license or “pink” license. This document serves as your driver’s license for the next 30 days, as well as notice of your right to request a DMV hearing to contest the suspension action. You only have 10 calendar days from the date of your DUI arrest to request this hearing and failure to do so would result in the DMV imposing the suspension after the temporary license expires.

Understanding what happens at a DMV hearing

The DMV officer does not consider your innocence or guilt, but rather the circumstances surrounding your DUI arrest, when deciding whether you can retain your driver’s license or not. Therefore, a dismissal of the criminal case or pleading to a lesser non-DUI offense would have no bearing on the DMV hearing outcome. Some issues our lawyers might address during your DMV hearing include:

Probable cause for your stop

Whether you were lawfully arrested

Whether the results of the blood or breath test are accurate

Whether the officer actually observed you driving

Whether officer and/or crime lab complied with Title 17

Restricted driver’s license

A DUI arrest can potentially result in a 6-month license suspension by the court if a DUI conviction results and/or the DMV administrative suspension is upheld after an APS hearing. The length of the suspension on a 1st offense DUI is typically 6 months on the court suspension and 4 months on the DMV APS suspension with eligibility for a restricted license after completion of a 30-day “hard” suspension. Therefore, after completing a 30 day period of no driving, a 1st offender can obtain a restricted license to drive to and from his/her DUI program, as well as work related driving. Not all 1st offenders are eligible for restricted driving privileges. For example, 1st DUI involving a chemical test refusal can result in a mandatory 1-year suspension with no eligibility for a restricted license. Furthermore, certain counties in California, such as Los Angeles, require an ignition interlock device or IID to be installed in one’s vehicle as a condition of the restricted license if a DUI conviction results from the court proceedings.

For more information about avoiding a license suspension or obtaining a restricted license, call Takakjian & Sitkoff, LLP at 888-579-4844 or contact us online. We offer a free first consultation and can assist you 24/7 with your legal problems.

Attorney Advertising. This website is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. [ Site Map ] [ Bookmark Us ]